Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36203 of 2018 Applicant :- Shiv Swarup Opposite Party :- State Of U.P.
Counsel for Applicant :- Parth Sharma,Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated on the basis of suspicion; that undisputedly the applicant, co- accused persons and deceased Suresh Kumar were real brothers and a litigation was pending between applicant and co-accused on one side, and Suresh Kumar deceased on the other side; that it is wrong to say that due to above civil litigation, applicant along with co-accused or otherwise threatened the deceased of life on 11.01.2018 or 08.04.2018; that it is wrong to say that on 09.04.2018, the deceased had gone to attend courts in above civil suit as according to case status of Civil Suit No. 1344 of 2017 Suresh Kumar Vs. Shiv Kumar and others, copy annexed as annexure no. 9, 09.04.2018 was not the date fixed; that the postmortem report of deceased shows that he sustained single gun shot wound on his chest which caused his death, and as per the confessional statement of co-accused Shiv Kumar, above gun shot wound was caused by him who has also got recovered the fire arm on 11.05.2018; that the case of applicant is distinguishable from co-accused Shiv Kumar; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 15.06.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Shiv Swarup be released on bail in Case Crime No. 385 of 2018 under Section 302 I.P.C., P.S. Kotwali, District Etah on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.11.2018 M. ARIF